Chapter I General provisions article in order to standardize the regulatory work of the Government and promote scientific and democratic legislation, improve the quality of legislation, according to the People's Republic of China Law on legislation, regulatory procedures Ordinance and other laws and regulations, combined with the city's actual, these provisions are formulated.
Second municipal regulations (hereinafter the regulations) project, drafting, examining and deciding, publication, record, modify, repeal, and explained that the present provisions shall apply.
Third article developed regulations, should followed following principles: (a) insisted party on Government legislation work of unified led; (ii) meet upper method provides, highlight this city features, has can operation sex; (three) reflected administrative organ of responsibilities unified; (four) guarantees citizens, and corporate and other organization of lawful rights and interests of; (five) full develop democratic, law guarantees citizens ordered participation.
Article fourth regulatory scope limited to the construction and management of urban and rural areas, environmental protection, protection of historical and cultural aspects of the matter.
Name of the fifth rule says "rules", "way", and so on.
Sixth Regulation shall comply with the legislative requirements, structured, clear, the term is accurate, concise, specific clear provisions.
Seventh municipal people's Government is responsible for rule-setting.
Municipal Legislative Affairs Department (hereinafter referred to as the Government legal departments) should be deployed under a municipal government, regulatory organizations for the development, coordination, scheduling, and guide our work.
Municipal departments, County (city, district) people's Governments and relevant units and organizations shall, in accordance with responsibilities and requirements, drafting of common regulations, research, demonstration and consultation work.
Eighth rule-setting requirements, be guaranteed into the municipal budget.
Chapter II project Nineth of municipal people's Governments shall, in accordance with economic and social development needs, preparation of the regulation five-year legislative plan and annual legislative work programme.
Regulation five-year legislative plan at each of its sessions should be completed within the first year of the term, the annual legislative programme of work should be completed in the last quarter of the previous year.
Tenth of municipal people's Government departments, units or County (city, district) people's Government acknowledged the need to develop regulations, should last until the end of October 1, project applications submitted to the Government legal departments, as well as the following materials: (a) the first draft of the legislation, (ii) the legal basis and the policy document; (c) legislative feasibility evaluation report, (iv) other related material.
Project applications should include the necessity of legislation, to solve problems, plans to create a major system, the potential for problems, research and work schedule.
Legislative feasibility assessment can be carried out by the project applicant organization, may also entrust the social parties.
Project submitted by the applicant to establish the project application, this unit should be decided collectively.
11th government legal departments should be open to the public this project proposal.
Citizens, legal persons and other organizations from legal sites or by written communications submitted to the Department of Legal Affairs of the Government legislative projects.
Government legal departments shall collect the legislative project proposals deliver relevant municipal departments, units or County (city, district) shall study it and submit its comments.
12th government legal departments to seriously study rule project applications for project proposals and legislation, draw up regulations for five-year legislation program annual legislative and work programme.
Draw up regulations for five-year legislation plan and annual legislative work programme, seminars, feasibility study meeting should be taken, including, extensively solicit opinions and suggestions, and for important legislative project organization the society concerned for evaluation.
13th article by argument, regulations project application and legislation project recommends exists following case one of of, not into regulations five years legislation planning and annual legislation work plans: (a) upper method provides clear specific, not need refinement added of; (ii) beyond legislation permission, legal, and regulations not to authorized of; (three) belongs to sector internal duties and permission divided of; (four) not meet this city reality of; (five) not has can implementation sex of; (six) has other case of.
14th annual legislative work programme of the five-year legislation plan and regulations, consideration by the plenary of the Standing Committee of the municipal people's Government, or after the Municipal Government published in a document.
15th annual legislative work programme of the five-year legislation plan and regulations and local laws and legislative planning and annual legislative plans link.
16th annual legislative work since the announcement of the rules, drafting departments should develop a programme of work, according to the municipality to determine time requirements, clear stage of work schedules and tasks.
17th in regulation five-year legislation plan and annual work plan for the implementation of legislation, municipal departments, units or County (city, district) people think needs to be adjusted, should apply in writing to the municipal people's Government, after review by the Department of Legal Affairs of the Government report to the municipal people's Government for decision.
Chapter III drafting of article 18th draft regulations drafted by the Department of Legal Affairs of the Government Organization, could be drafted or entrust the drafting of forms.
Highly specialized draft regulations can be carried out by the main Department of drafting the first draft.
19th draft rule should be research and accurate grasp of the problems of research solutions, fully demonstrating the relevance and enforceability of plans to create a system of measures.
Drafting Department cannot finish the drafting, a written report shall be submitted to the municipal people's Government.
20th article drafting regulations should meet following requirements: (a) comply with upper method of legislation spirit, and this city other regulations phase coordination; (ii) from this city global starting, integrated parties interests; (three) administrative measures and objective need phase adapted, degree appropriate, and range reasonable; (four) content specific, and clear, has can implementation sex; (five) provisions expressed meet legislation technology requirements, and national General language text specification and legal language expressed habits; (six) other about requirements.
Article 21st forms such as drafting departments by holding forums, feasibility study meeting, listened to relevant departments, social organizations, experts and scholars, as well as the views of stakeholders, to modify the preliminary draft of the regulations, form the draft regulations draft.
22nd draft regulations draft shall be subject to drafting sectoral collective discussion by, and signed by the main owner, written consultation with municipal departments, units or County (city, district) people's Government views.
Municipal departments, units or County (city, district) people's Governments shall, from the date of receipt of the draft regulations draft propose amendments in the 15th, accompanied with evidence and reason, signed and stamped by the Chief feedback after drafting departments. Drafting departments shall carefully study proposed modifications is justified, should be adopted controversial, should be consulted.
Consensus still cannot be reached through consultation, draft departments should submit written statements when draft regulations draft and why.
Article 23rd draft sector regulations draft amendments to form draft regulations draft, reviewed by the institutional legitimacy of the legal system in this sector, through collective discussion, mainly responsible for the signing, in the year prior to June 30 Jing sent the Government Legal Department review. 24th article submitted regulations draft trial draft Shi, drafting sector should submitted following material: (a) to sector official file form printed of trial report, main including trial regulations of name, and about sector differences views of coordination situation and trial recommends; (ii) stamped drafting sector seal of drafting description, main including developed regulations of need, and main content, and innovation of system design, and drafting process and sought views situation,; (three) printing book of legal policy compilation, main including drafting regulations by according to of legal
, And regulations, and policy file, and related technology specification, and standard and reference other city similar legislation project of information; (four) drafting sector legal institutions legitimacy review views; (five) sought views of original material and summary table; (six) involved regulations need abolition or modified of, needed attached intends abolition or intends modified of regulations text and the modified control draft; (seven) other need submitted of material.
Fourth chapter review of the 25th draft regulations draft by Government Legal Department is responsible for the review, the review period for four months. Government legal sector should from following aspects for review: (a) whether followed legislation method established of legislation principles, meet Constitution, and legal, and administrative regulations, and local regulations and other upper method of provides; (ii) whether effective guarantees citizens, and corporate and other organization of lawful rights and interests of, in provides its should perform obligations of while, provides its corresponding of right and guarantees right achieved of way; (three) whether reflected administrative organ of terms and responsibility phase unified of principles, in gives about organ necessary terms of while,
Provides its exercise terms of conditions, and program and should bear of responsibility; (four) whether meet proportion principles, administrative measures whether reasonable, and moderate; (five) whether reflected innovation spirit, science specification administrative behavior, promote government functions change; (six) whether meet streamlined, and unified, and efficient of principles, simplified administration program; (seven) whether against honest credit principles; (eight) sector Zhijian of differences views whether has coordination consistent; (nine) citizens, and corporate and other organization of views whether has properly processing;
(10) compliance with legislative requirements, textual representation is standardized, accurate and rigorous, (11) need to review more.
26th government legal departments to draft for review of the draft regulations, may in writing request for municipal departments, units or County (city, district) people's Government, and involve related issues, hear the views of stakeholders in a targeted manner. Municipal departments, units or County (city, district) people's Governments shall, in accordance with the provisions of the second paragraph of this article 22nd will modify the feedback the Government Legal Department.
Due to special circumstances no feedback should be indicated to the Department of Legal Affairs of the Government.
27th government legislative consultation system.
In addition to the need for confidentiality in accordance with law, a government legal departments should adopt municipal people's Government or the Government Legal Department's Portal Web site, seeking the views of the public in public involving hot and difficult problems of common concern of the public, through the press, public opinion surveys published for comments. Public through the landing Portal comments, send e-mail, mail or any other means.
Seek the views of the public in General, the term not less than 30th.
28th draft regulations draft one of the following circumstances, government legal departments to hold a legislative hearing: (a) generally involve the legitimate rights and interests of citizens, legal persons and other organizations, (ii) the proposed administrative measures, there are major differences, (iii) other cases requiring hearing. Article 29th legislation establishes the legislative work of the Government point of contact and the Government think tank system.
Specific systems developed and implemented by the Government Legal Department.
30th establishing third-party demonstration of government legislation information system.
Government legal departments can take the form of seminars, feasibility study meeting, invited the institutions of higher learning and social organizations, research institutes, government legal advisers, Government think tank members and other third parties, the draft regulations in the draft legal issues legal review and comprehensive demonstration, institutional measures for consultation.
31st of municipal people's Government of the relevant departments and units have great differences on draft regulations draft, government legal departments should coordinate on important legislative matters, may entrust the social parties concerned assessment coordinated consensus cannot be reached, shall be submitted to the municipal people's Government in charge of coordination.
Coordinated cannot agree, dispute government legal departments shall be major problems, coordination process, the views of interested parties and government legal departments report to the municipal people's Government for decision.
Article 32nd government legal departments to seriously study the views, organize drafting departments to draft the draft regulations to amend form sign revised draft regulations, be referred to the drafting sector organizations sign.
Article 33rd society for government legal departments should be fully checked, form review of draft regulations and draft regulations.
Review of the draft regulations signed by Chief Government Legal Department.
Article 34th drafting departments draft regulations submitted to the municipal people's Government Executive meeting or prior to their consideration in plenary meeting, should be reported to the municipal people's Government in charge of the head, and make preparations for the consideration of the Government.
The fifth chapter decisions, publish and record 35th draft regulations submitted to the municipal people's Government after officials agreed to and signed, and submitted to the Standing Committee of the municipal people's Government, or for consideration in plenary meeting.
Article 36th following consideration of the draft regulations, passed by the municipal people's Government, the principles adopted, revert or not on the basis of the decision.
Government legal departments should be based on consideration of a decision to amend the draft regulations and reported the Mayor to sign the draft modified regulations.
37th municipal people's Government promulgated regulations.
Municipal people's Government shall include the serial number, rule name, adoption, promulgation and publication date, and signed by the Mayor.
Unless otherwise provided by laws and regulations, regulation should come into force after the 30th from the date of promulgation.
Article 38th after the publication of the regulations, the Weifang city people's Government Gazette, Weifang city people's Government website and the Weifang journal shall be published in a timely manner.
The Weifang city people's Government Gazette published text of the regulations as a standard text.
Weifang city people's Government website e-text of the regulations as a standard electronic format.
39th Government Legal Department shall rule published in accordance with the relevant procedure for the record in the 30th. The sixth chapter modify, repeal and 40th of the expiry year rule of interpretation, mainly implementation of departmental assessments should be conducted.
Government legal departments to guide evaluation and monitoring.
41st rule assessment shall include the following information: (a) the implementation of the regulations, (ii) stakeholders, as well as other aspects of the social repercussions, and (iii) problems in the implementation and the reasons; (d) the need to assess other matters. Main implementation departments will assess all or part of the principal social parties.
Assessment results should serve as the basis for regulations to continue, modify, repeal.
42nd article regulations has following case one of of, implementation sector should timely to government legal sector proposed modified or abolition of recommends: (a) by according to of legal, and regulations made major modified of; (ii) developed regulations by according to of reality occurred major changes of; (three) implementation sector occurred changes of; (four) for assessment Hou, think need modified or abolition of; (five) should modified or abolition of other case.
Citizens, legal persons or other organizations that the regulations with the laws and regulations conflict, may appeal to the Department of Legal Affairs of the Government proposal to change or repeal.
Article 43rd government legal departments on evaluation findings and recommendations, and consider that we need to amend, repeal, shall be submitted to the municipal people's Government for decision.
Modify the regulations, developed in accordance with the relevant requirements of the regulations.
44th regulation's explanation right belongs to the municipal people's Government.
Enforcement at work think rules need to further clarify the specific meaning, or the emergence of new needs clear apply regulations based on the, you can explain the rules of recommendation to the municipal people's Government.
Government Legal Department review, demonstration, held that it need explaining, reference to the draft opinion on the review process of the draft regulations, approval of the municipal people's Government announced.
Interpretation of the regulations with the regulations shall have the same effect.
45th rule translations compiled and in the foreign language versions of the compilation work carried out by the main departments.
The seventh chapter by-laws article 46th municipal people's Government drew attention to the municipal people's Congress, considered by the Standing Committee of the national people's Congress, or local regulations, in accordance with this regulation.
47th article of the regulations come into force on December 1, 2016.
